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Should i contact an attorney before i meet with APS

Taylor, TX |

i received a certified letter from APS that the nursing home that my mother is currently lives at had contacted APS for exploitation ---APS is wanting to interview me. My mother has been here at the nursing home several times. And this time at the beginning of her stay , once we found out she would be living here-- she signed a paper to have her checks sent to the nursing home I currently have MPOA and her checks are still being put in our checking account....i have gotton behind at the beginning due to a misunderstanding---and i continued to pay her bills at the apartment she had until i could get it packed up and moved out..Several times through the year i has made partial payments and even missed a payment or two.

Attorney Answers 3

  1. Yes!!!! The intent of the interview is essentially to see if the interviewer can get you to agree with his opinion that you misappropriated funds.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  2. Yes. Whether or not the nursing home is trying to get you to admit to misappropriation of funds, it is best at this time to get an attorney, who you will probably have to pay some amount as a retainer fee and, then, by the hour, to go with you. He is a disinterested party and can probably help keep things on an even keel. Also, the nursing home will know that you are serious about getting the situation straightened out and, just as important, you have someone on your side in the event they are contemplating some sort of legal action against you. Stop it before it begins.

    Do not cut any corners here. Get this stopped before it gets out of hand.

    Mr. Younger is licensed to practice law in Texas. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Younger strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  3. Yes, you need some help with this. It may be different in TX, but in MT criminal charges are possible in this type of situation. If so, a lawyer is essential.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

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